Berkeley · Security deposit

How big can the deposit be in Berkeley?

Max 1 month's rent.

Why, and the exact law

An individual owner (2 rentals, 4 units at most) may ask for 2 months, but not from a service member.

From the California Legislature, read Oct 1, 2026.
Show the law

“a landlord shall not demand or receive security, however denominated, in an amount or value in excess of an amount equal to one month’s rent, in addition to any rent for the first month paid on or before initial occupancy …”

Cal. Civ. Code § 1950.5 · leginfo.legislature.ca.gov · found word for word in the source

Moved out? Count the days

In California the landlord has 21 days to return it.

Who can help

  1. Ask the Berkeley Rent BoardFree counselors explain your options, by phone or in person.Berkeley Rent Board
  2. Get free legal helpThey can help you ask for it, or go to small claims court.LawHelpCA
  3. Find a lawyerReferral service of the State Bar.State Bar of California
Every rule here, word for word (2)

State law applies here too. Where both cover a rental, the stricter city rule usually wins; each rule below says so.

California lawIn force

California security deposit cap and handling (AB 12)

How big can the deposit be?

Max 1 month's rent.

An individual owner (2 rentals, 4 units at most) may ask for 2 months, but not from a service member.

Who it covers

  • Covers: Security for rental agreements of residential property used as the tenant's dwelling.
In force since
Jul 1, 2024
Current version since
Jan 1, 2026
The law, word for word

“a landlord shall not demand or receive security, however denominated, in an amount or value in excess of an amount equal to one month’s rent, in addition to any rent for the first month paid on or before initial occupancy …”

Cal. Civ. Code § 1950.5 · leginfo.legislature.ca.gov · Retrieved Oct 1, 2026

Quote checked word for word

Berkeley lawIn force

Berkeley security deposit interest requirement

Do I get interest on my deposit?

Yes, landlords must pay you interest.

You get interest each year, or a part of it if you move out early.

Who it covers

  • Exemptions: Exempt units: golden duplex, owner-shared kitchen/bath, owner-occupied ADU property, university dorms, nonprofit cooperatives.
The law, word for word

“For tenancies in units fully or partially covered by Berkeley's Rent Ordinance, landlords must pay tenants interest on their security deposit at the end of each year and a prorated amount if the tenant moves out before the end of the year …”

Berkeley Mun. Code ch. 13.76 · rentboard.berkeleyca.gov · Retrieved Oct 1, 2026

Quote checked word for word

More about Berkeley

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Information about the law, not legal advice.